[WSBAPT] Who is Entitled to Notice of Appointment

[Jeff at bellanddavispllc.com]

It my understanding that notice should be given to everyone who has standing
to challenge the Will, i.e. children, for sure, question is how far out do
you go.  You go by the law of intestacy.  It's also my understanding that
our Supreme Court ruled that failure to give proper notice makes any
transfers void, not just voidable.  Its better to be safe than sorry, so
more notice the better.

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Lovie Bernardi
Sent: Tuesday, October 11, 2022 2:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Who is Entitled to Notice of Appointment

 

Dear listserv members,

 

It has always been my practice to send notice to the children of a decedent
when opening a probate, even when it appears all decedent's property is
community property and goes to the surviving spouse. I have been contacted
by the child of a decedent who did not receive a notice of appointment when
her father's probate was filed. The probate has been closed for three years
and she and the other children just found out about the probate. I viewed
the petition (filed by step mother) online and the children were not listed
as heirs and the petition states all property was community property.
Setting aside the issue that there is nothing for the heirs to claim if all
property was community, were the heirs entitled to notice? I've looked at
the statute and the definition of heirs is as follows : 

"Heirs" denotes those persons, including the surviving spouse or surviving
domestic partner, who are entitled under the statutes of intestate
succession to the real and personal property of a decedent on the decedent's
death intestate.

I suppose it could be argued that if there is no separate property, the
heirs other than the surviving spouse aren't entitled to any property and
therefore aren't entitled to notice. But I would argue that they should be
given notice so they can demand an inventory of the assets so they can
dispute the characterization of the assets as community property, if
appropriate. 

I would like to know how others view this issue. Thanks!

 

Lovie

 

Lovie L. Bernardi

Flaherty & Bernardi, PLLC

3600 15th Avenue West #205

Seattle, WA  98119

(206) 682-2616

 

 <mailto:joni at sbfirm.com> lovie at fb-lawfirm.com

 <http://sbfirm.com/> http://fb-lawfirm.com

 

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